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Harvey Araton: Union Deja Vu




        [The New York Times Business]

          November 1, 1998

          SPORTS OF THE TIMES

          For N.B.A. Union, What Goes Around Comes Around

          By HARVEY ARATON

          Three years ago, the same pro basketball superstars
          who are currently negotiating a luxury tax with
          David Stern tried to decertify their union after
          learning their representatives were negotiating a
          luxury tax with David Stern.

          Three years ago, Michael Jordan and Patrick Ewing
          subverted Simon Gourdine's and Buck Williams'
          leadership while contesting the very collective
          bargaining agreement they wish they could now preserve.
          Now Jordan and Ewing are discovering how much harder it
          is to run the government than to stage a revolution.

          "It's become obvious now that, except for not raising
          the minimum salary more, the 1995 deal was an excellent
          one for the players," Williams said from his Greenwich,
          Conn., home. "I'm not looking to say, 'I told you so.'
          I'm not that kind of person. But it's gratifying to
          hear some of them say, 'Let's get back to the status
          quo.' "

          Mostly, what Williams wants to hear is that the
          locked-out players are getting closer to an equitable
          deal that would allow him to proceed with the final
          season of an 18-year National Basketball Association
          career, possibly not with the Knicks.

          He roots for an agreement before too many games are
          lost and too many players are desperate and Billy
          Hunter, a tough, earnest man he admires, finds himself
          back on defense, trying to cover his players, not to
          mention the owners and Stern, the NBA commissioner.

          This would be most unfortunate, said Williams, in a
          league that is 80 percent black and more than ever
          needs a strong players' advocate, a voice and ego equal
          in stature to Stern's.

          "Billy was hired because he is competent and
          intelligent," Williams said. "He also happens to be
          black, and I think, even if you just look at the
          history of our own union, black leadership is held to a
          higher standard. You see it all the time; blacks don't
          believe that another black man can do for them what a
          white man can. Race is an issue, a subtext, in this
          fight."

          Winning the fight is one thing; losing perspective is
          another. This is the fine line Hunter walks. Three
          years ago, Williams couldn't collect dues, much less
          get players like Jordan and Ewing to stop counting
          their money and shoot for the union. Now Jordan engages
          in shouting matches with owners, and only he knows how
          much of this has been inspired by his ubiquitous agent,
          David Falk.

          "Michael and Patrick didn't care until Falk told them
          to get involved," Williams said. "But Billy has done a
          great job insulating himself with some really big
          megastars."

          Hunter won't be immune to what befell Williams,
          Gourdine and Charles Grantham before them if this goes
          on much longer. The modern pro basketball player has
          never ridden fume-filled buses in the minor leagues, or
          plugged his way through the frozen tundra of junior
          hockey.

          He holds poolside news conferences and doesn't
          recognize the public-relations folly of holding a
          rank-and-file meeting in Las Vegas. Hunter has to play
          his cards so that he doesn't put his less-leveraged
          players in the cash-strapped position to panic, while
          Stern pontificates and the NBA continues to be
          perceived as a one-genius league.

          It has been this way since Larry Fleisher ran a tight
          union ship, in no small part because he doubled as the
          agent for the league's activist players. Isiah Thomas
          emerged a decade ago to contest this arrangement, and
          the union has since been a mix of apathy and anarchy,
          which only inspires Falk to, as he says, "roll up his
          sleeves" for players at the top end.

          "It's all perception," said Williams, remembering how
          easy it was for Falk to ridicule the 1995 deal that
          drove the players' percentage of the pie from 52
          percent to 57 percent. "But the result has always been
          all these white attorneys on both sides, and in the
          middle you have black players questioning the
          intelligence of their black union leaders."

          Even after Jordan and Ewing stepped in to block the
          first version of the 1995 deal until the luxury tax was
          removed, Falk and other agents promoted decertifying
          the union, ultimately losing a vote that was more
          lopsided than the worst NBA blowout.

          When Stern locked the players out last July, everyone
          knew the owners hadn't exercised their contractual
          right to reopen negotiations over pennies. This union
          had all summer to explore what it preached last time --
          decertification -- and didn't. Hunter knows his
          consensus is less interested in chasing lawyer-driven
          dreams in court, more determined to cut a deal and get
          paid.

          So a milder version of the luxury tax that supposedly
          meant Armageddon in 1995 went on the table. Hunter said
          on the radio the other day that he has offered to roll
          back unrestricted free agency for rookies, following
          their first contracts, to right-of-first-refusal free
          agency. Owners would get leverage they should have when
          dealing with players who demand $100 million for
          potential, not production.

          "That's a tough one to give back," Williams said.
          Again, three years ago, he was hammered by Falk for
          simply allowing a rookie wage scale. Ask Kevin Garnett
          how that agreement worked out. Ask Alonzo Mourning and
          Allan Houston and, of course, Ewing if Buck Williams'
          deal was so bad.

          As Williams said, this is always about point of view,
          about power, about who gets the biggest payday. Billy
          Hunter has a chance to alter the perception of who
          represents all the players, who drives the NBA with
          Stern. Hunter's window of opportunity is now, or maybe
          never.


                Copyright 1998 The New York Times Company